As 29 February is fast approaching, we have noticed a trend in queries posted on various forums referencing the recent Daily Maverick article. The article reports that the Minister of Home Affairs has ‘clarified’ that the ‘leaked circular‘ was not intended to ‘chase away’ tourists and was never intended for the public, but rather for border authorities. While the intended audience was clarified it remains unclear what efforts the Department of Home Affairs took or intended to take to inform the public.
While this is being hailed online as good news for those visitors still in South Africa, we would urge tourists and ‘swallows’ to be cautious in their interpretation of the Minister’s statements and the memo. The memo states that short-term visa holders, who applied for an extension before 30 November 2023, and have not yet received an outcome by 23 February 2024, should plan to depart the Republic of South Africa on or before 29 February to avoid an overstay ban.
The confusion online seems to stem from the Minister’s statement that “[n]o one should arrest you while you have such a receipt, and no one can declare you undesirable.” While this may be the case for persons who chose to remain in South Africa to await the outcome of their extension applications, the same may not be said for those planning to depart with only a receipt and an expired visa after 29 February 2024. The memo also clearly states that the concession applies only to persons that applied for an extension prior to 30 November 2023.
Despite the Minister’s statements, visitors to South Africa should be aware that the border movement control systems are non-discretionary, and border authorities are nonetheless tasked with enforcing the memo which sets a clear deadline for the concession. With ongoing backlogs and delays in processing visa extensions, there is no clarity on when pending extension applications will be finalised. To avoid getting ‘stuck’ in South Africa, or being declared desirable on departure, visitors should not be fooled by media statements and misleading advice when choosing to stay or leave as 29 February 2024 looms.